[Code of Federal Regulations]
[Title 15, Volume 3]
[Revised as of January 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 15CFR2301.19]

[Page 490]
 
                  TITLE 15--COMMERCE AND FOREIGN TRADE
 
       CHAPTER XXIII--NATIONAL TELECOMMUNICATIONS AND INFORMATION 
                 ADMINISTRATION, DEPARTMENT OF COMMERCE
 
PART 2301_PUBLIC TELECOMMUNICATIONS FACILITIES PROGRAM--Table of Contents
 
                    Subpart D_Post-Award Requirements
 
Sec. 2301.19  General conditions attached to the Federal award.


    (a) During the project award period and the remainder of the Federal 
interest period, the grantee must:
    (1) Continue to be an eligible organization as described in Sec. 
2301.3;
    (2) Obtain and continue to hold any necessary FCC authorization(s);
    (3) Use the Federal funds for which the grant was made for the 
equipment and other expenditure items specified in the application for 
inclusion in the project, except that the grantee may substitute other 
items where necessary or desirable to carry out the purpose of the 
project if approved in advance by the Department in writing. These 
changes include but are not limited to the following:
    (i) Costs (including planning costs);
    (ii) Essential specifications of the equipment;
    (iii) The engineering configuration of the project;
    (iv) Extensions of the approved grant award period; and
    (v) Transfers of a grant award to a successor in interest, pursuant 
to Sec. 2301.19(c);
    (4) Use the facilities and any monies generated through the use of 
the facilities primarily for the provision of public telecommunications 
services and ensure that the use of the facilities for other than public 
telecommunications purposes does not interfere with the provision of the 
public telecommunications services for which the grant was made;
    (5) Not make its facilities available to any person for the 
broadcast or other transmission intended to be received directly by the 
public, of any advertisement, unless such broadcast or transmission is 
expressly and specifically permitted by law or authorized by the FCC; 
and
    (6) State when advertising for bids for the purchase of equipment 
that the Federal government has an interest in facilities purchased with 
Federal funds under this program that begins with the purchase of the 
facilities and continues for ten (10) years after the completion of the 
project.
    (b) During the period in which the grantee possesses or uses the 
Federally funded facilities, the grantee may not use or allow the use of 
the Federally funded equipment for purposes the essential thrust of 
which are sectarian for the useful life of the equipment even when this 
extends beyond the ten-year Federal interest period. (See NTIA's policy 
on sectarian activities at 60 FR 66491, Dec. 22, 1995.)
    (c) If necessary to further the purpose of the Act, the Agency may 
reassign a grant to a successor in interest or subsidiary corporation of 
a grantee in cases where a similar operational entity remains in control 
of the grant and the original objectives of the grant remain in effect. 
Each party must provide, in writing, its assent to the substitution. Any 
substituted party must meet the eligibility requirements.